[clviii. 337]

1822 July 27.

Constitut. Code Expositive or Rationale?

1. Misrule what - it has place in so far as greatest happiness end is departed from.

2. Necessary cause of such misrule, inaptitude in rulers.

3. Cause of moral inaptitude self preference.

4. Effect of self-preference in a ruler to the extent of competition, real or supposed, sacrifice of all other's happiness to his own.

5. Right and proper interest that which prompts him to pursue greatest happiness of all.

6. Sinister interest that which prompts him to pursue his own to the sacrifice of other interests.

7. Power in so far as given to the end, its exercise being directed to the encrease of another's happiness, a trust: in so far as directed to the encrease of any other person's happiness to the sacrifice of do. of such principal or │   │ trust, such sinister direction is a breach or violation of trust.

8. In proportion as breach of trust has place to trustees benefit, so has corruption: trust-breaker is corrupt: acts a corrupt part.

9. Benefit in this case is matter of corruption.

10. Matter of corruption - its modifications. See elswhere.

11. Commonly to corruption two parties - Corruptor and Corruptee.

12. But the effect may be produced by a single individual: he is then self corruptor: left hand corrupts right

13. Party, to the dtriment of whose interest corruption in a trustee has place, the principal: lawyers say [...?]-que-trust.

14. Cases of corruption particularized.

Case 1. Self-corruption: more common appellatives are Embezzlement and Peculation

Mr. Steward, having in his hands property of his principal, Mr Bull, embezzles it.

15. Case 2. Trustee, one Mr. Steward. Principal, Mr. Bull. Stranger Mr Frank, by benefit to Steward, engages him to allow Frank to purloin it.

16. Case 3. Trustees two. Mr. Foreman, Mr. Steward. Foreman and Steward having property of Bulls at their disposal, Foreman and Steward by confederacy give each of them a part to the other.

17. Case 1. Absolute Monarchy

Case 3. Limited Monarchy. Foreman and Steward being parties break the cob-web-chains, cast off the limitation.

Case 2 is mentioned for explanation: occurrs on occasion under absolute Monarchy: under limited the need of it is superseded by │   │ and impunity.

18. In Monarchy, whether in Monarch's situation corruption can have place, depends on the theory on which the Monarchy is justified: │   │ as a relation between Monarch and subjects.